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Exphar Sa and anr. Vs. Eupharma Laboratories Ltd. and anr.
Supreme Court of India
Feb-20-2004
Intellectual Property Rights
Copyright Act, 1957 - Sections 60, 62, 62(1) and 62(2); Code of Civil Procedure (CPC) , 1908 - Sections 20 - Order 7, Rules 10 and 11
AIR2004SC1682; 2004(2)AWC1515(SC); 2004(73)DRJ663; JT2004(3)SC1; (2004)2MLJ156(SC); 2004(28)PTC251(SC); 2004(2)SCALE589; (2004)3SCC688
contained in the plaint.11. The Division Bench has also erred in its construction of Section 62 of the Copyright Act, 1957. Section 62 reads: '62. Jurisdiction of court over matters arising under this Chapter. - (1) Every suit or other … cause of action. But a 'cease and desist' notice in a copyright action cannot, particularly in view of Section 60 of the Act, be termed to be a 'mere' notice. Such a threat may give rise to the
Tag this Judgment! AI Brief & AskSuper Cassette Industries Ltd. Vs. Bathla Cassettes India (P) Ltd.
Delhi
Feb-04-1993
Civil
Code of Civil Procedure (CPC), 1908 - Order 43, Rule 1; Copyright Act, 1957 - Sections 60
50(1993)DLT7
of the Trial Court was without jurisdictionb) It was adjudged that the injunction under Section 60 of the Copyright Act, 1957, could not be passed against a person who, although, was causing threat of infringement to the copyright of
Tag this Judgment! AI Brief & AskM/s. Nagpur Cable Operators' Association Vs. Commissioner of Police, N ...
Mumbai
Aug-09-1995
Constitution
Constitution of India - Articles 19(1), 133, 225, 226, 227 and 228; Bombay High Court Appellate Side Rules, 1960 - Rules 2 and 31; Income-tax Act, 1961 - Sections 34; Copyright Act, 1957 - Sections 60
AIR1996Bom180; 1995(2)MhLj753
is seeking a relief which otherwise (sic) largely could be claimed by it under Section 60 of the Copyright Act, 1957 which provides that any person claiming to be the owner of copyright in any work by circulars, advertisements,
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Microfibres Inc. Vs. Girdhar and Co. and anr.
Delhi
May-28-2009
Intellectual Property Rights
Copyright Act, 1957 - Sections 2, 6, 11, 13, 13(2), 14, 15, 15(1), 15(2), 16, 22, 40, 63, 67; Copyright Act, 1967 - Sections 15; Designs Act, 2000 - Sections 2, 4, 11(2), 12 and 19(1); Design Act of 1911 - Sections 2(5); Patent and Designs Act; Patent Act; Trade Marks Act; U.K. Designs Act, 1949 - Sections 1(3); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC) - Sections 120B, 415, 420 and 479; New Design Rules, 2001; Copyright Law
LC2009(2)229; 2009(40)PTC519(Del)
been made as at present. 19. The relevant statutory provisions are as follows: THE DESIGNS ACT, 2000 THE COPYRIGHT ACT, 1957 Section 2(d), The Designs Act, 2000 'design' means only the features of shape,configuration, pattern, ornament or composition of lines … under the Copyright Act is far longer than that of a registered design (life of the author plus 60 years posthumous as against 15 years under the Designs Act) and there is no requirement of registration for
Tag this Judgment! AI Brief & AskBennett Coleman and Co. Ltd. and anr. Vs. Phonographic Performance Ltd ...
Kolkata
Mar-26-2004
Intellectual Property Rights
Copyright Act, 1957 - Sections 31 and 60
2004(2)CHN595
said agreement the plaintiff was constrained to file the instant suit. Reference was made in this regard to Section 60 of the Copyright Act, 1957 which reads as follows :'60. Remedy in the case of groundless threat of … copyright holder of various phonographic performance. The respondent is a copyright society registered under Section 33 of the Copyright Act, 1957 (hereinafter referred to as the 'said Act, 1957').2. In or about 1993 the plaintiff No. 1 was given
Tag this Judgment! AI Brief & AskSuper Cassette Industries Limited Vs. Bathla Cassette Industries Pvt. ...
Delhi
Sep-09-2003
Intellectual Property Rights
Copyright Act, 1956 - Sections 8; Copyright Act, 1957; Copyright Act, 1958 - Sections 10(3), 13(3), 52, 52(1) and 60; Copyright Rules, 1958 - Rule 21 and 21(2)
2003VIIIAD(Delhi)572; 107(2003)DLT91; 2003(27)PTC280(Del); 2004(1)RAJ69
itself having admitted that their production was covered under the statutory defenses enlisted in Section 52 of the Copyright Act 1957, the same cannot be the subject matter of protection under the provisions of the Copyright Act as the … the plaintiff's recording. 4. After exchange of correspondence between the parties, the defendant had filed a suit under Section 60 of the Copyright Act before the District Judge, Delhi in which a prayer was made for restraining by
Tag this Judgment! AI Brief & AskRadio Today Broadcasting Ltd. Vs. Indian Performing Rights Society
Kolkata
Apr-26-2006
Intellectual Property Rights
Copyright Act, 1957 - Sections 17, 18, 19 and 60
2006(4)CHN366,2007(34)PTC174(Cal)
copyright law and consequence would follow. Against such threat the plaintiff filed the instant suit claiming protection under Section 60 of the said Act of 1957 whereas the defendant No. 1 filed a suit before the Delhi High … said Justice Krishna Iyar.2. To protect those intellects law was enacted in our country in 1957 being the Copyright Act, 1957' (hereinafter referred to as the 'Act of 1957').Law on the Subject:3. The scheme of the Act of 1957
Tag this Judgment! AI Brief & AskFiros Vs. State of Kerala
Kerala
May-24-2006
Media and CommunicationIntellectual Property Rights
Information Technology Act, 2000 - Sections 70, 70(1) and 81; Copyright Act, 1957 - Sections 2, 17, 60 and 61; Constitution of India - Articles 19(1) and 226; Copyright (Amendment) Act, 1999; Limitation Act - Sections 60 and 61; Specific Relief Act, 1963 - Sections 34
AIR2006Ker279; 2006(3)KLT210; 2007(34)PTC98(Ker)
law that copyright can be claimed for IPR in the software in view of the amendment in the Copyright Act, 1957 in 1994. When respondents 1 to 4 arranged to modify the software 'FRIENDS' to suit its further requirements … Government without registration of the copyright and even without a declaration of copyright by the civil court under Section 60 of the Copyright Act. If any party claims that he has got a copyright and the Government cannot
Tag this Judgment! AI Brief & AskSaregama India Limited Vs. Puneet Prakash Mehra and ors.
Kolkata
Apr-29-2010
Intellectual Property Rights
Copyright Act, 1957 - Sections 2, 14 and 60
LC2010(2)222
reason for vacating the order is the meaning given to adaptation in Section 2[a][iv] and [v] of the Copyright Act, 1957 which involves re-arrangement. Such re-arrangement would only be in respect of the contract works embodied in the producer's … [g] and [h] is on the premise that the threats are baseless. In view of the proviso to Section 60 the orders passed in terms of prayers [f], [g] and [h] cannot be continued and, is accordingly, vacated.6.
Tag this Judgment! AI Brief & AskMicroforms Inc Vs. Girdhar and Co. and ors.
Delhi
Jan-13-2006
Intellectual Property Rights
Copyright Act, 1957 - Sections 2, 13(1), 14, 15, 15(2), 40, 48 and 51; ;Designs Act, 2000 - Sections 2 and 2(5); Designs Act, 1911; ;Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); ;Patents Act; ;Indian Penal Code (IPC), 1860 - Sections 479; ;Copyright Act, 1957 - Sections 15
128(2006)DLT238; 2006(32)PTC157(Del)
however, claimed that whether such a copyright is registered or not, in view of the provisions of the Copyright Act, 1957 (hereinafter referred to as the Copyright Act) the copyright in the artistic works subsists and gives an exclusive … The plaintiff has claimed that the artistic work constitutes original artistic work as defined within the meaning of Section 2(c) of the Copyright Act. The plaintiff also claims that it enjoys copyright protection in India as a … of London Press Ltd. v. University Tutorial Press Ltd. (1916) 2 Ch. 601 in which Mr. Justice Peterson dealing with the meaning of the words
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